HomeMy WebLinkAboutItem 3k: Review of City's Conflict of Interest Code Pursuant to Political Reform Act of 1974MEMORANDUM
Office of the City Clerk
DATE: June 15, 2010
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DONALD PENMAN, CITY MANAGER
SUBJECT: DIRECT THE CITY MANAGER TO REVIEW THE CITY'S
CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
Recommended Action: Approve
BACKGROUND
The Political Reform Act of 1974 (the "Act ") and, in particular, Government Code
Section 87306.5 requires that no later than July 1 of each even - numbered year, the
City Council, as the City's code - reviewing body, direct the City Manager or his
designee to review the City's Conflict of Interest Code ( "Code ") in order to
determine if changes to the Code are necessitated by changed circumstances and, if
necessary, that a revised Code be submitted to the City Council for approval.
DISCUSSION
The Political Reform Act of 1974, requires all public agencies to adopt and
promulgate a Conflict of Interest Code. Section 87306 of the Act requires that
conflict of interest codes be amended for changed circumstances such as an update
to the designation of positions having a decision - making capacity, an update to
assigned disclosure categories and inclusion of new provisions required by statute.
The primary effect of the Code is to establish conflict of interest disclosure
requirements for various City and Redevelopment Agency positions involved in
the requisite level of decision - making as set forth in the Political Reform Act. The
Act also requires each city to adopt a local conflict of interest code which
designates and covers city (and redevelopment agency) positions not otherwise
designated in the Act itself, that are involved in making city (or agency) decisions.
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Additionally, the Act requires that the City Manager file a statement regarding the
results of the review no later than October 1. If a change in the Code is necessitated
by this review, it must be submitted to the City Council for approval within ninety
(90) days.
FISCAL IMPACT
There is no fiscal impact associated with the review of the City's Conflict of
Interest Code.
RECOMMENDATION
That the City Council direct the City Manager, or his designee, to have the City's
Conflict of Interest Code reviewed pursuant to Government Code Section 87306.5,
file a statement of review with the City Clerk no later than October 1, 2010, and
have the Conflict of Interest Code revised based upon such review, if necessary.
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